Oviedo Fireman Deserves Honor, His Widow Says

OVIEDO -- Rachel Kelly instantly recognized the envelope from the federal government as she thumbed through her mail.

She assumed the letter from the Justice Department would confirm that her husband, Oviedo firefighter Shane Kelly, would be recognized for dying in the line of duty.

Instead, the words printed in bold letters jumped out at her from the middle of the page -- NOT COVERED.

The federal agency ruled that Shane Kelly, 26, was acting as a good Samaritan and not a firefighter when he stopped to help the victims of a traffic accident on Florida's Turnpike on June 8. Kelly, who was off duty, and Winter Park doctor N. Donald Diebel Jr., who also stopped to help, were killed when a tractor-trailer lost control on the rain-slick road and crashed into them.

The letter, received Monday, went on to say that Kelly is not eligible for a $259,038 death benefit from the Public Safety Officer's Program, which pays a one-time benefit to the families of police and firefighters who die in the line of duty.

MONEY ISN'T THE MAIN ISSUE

But the money isn't the main issue for Kelly's widow. Because the benefit was denied, Shane Kelly's name may never be included on the National Fallen Firefighters Memorial in Maryland.

"If he doesn't get this, what he did that day will be for nothing," his wife said Wednesday. "He lost his life doing what firefighters do. He deserves this benefit. I want his death to be recognized the way it should be."

Each year the names of firefighters who die in the line of duty during the previous year are put on a plaque. In an emotional ceremony that includes the families of the fallen firefighters, the plaque is added to the memorial in Emmitsburg, Md.

WIDOW WILL APPEAL DECISION

Rachel Kelly, 27, said she will appeal the Justice Department decision. In the meantime, she and her family, as well as Oviedo city officials and firefighters, began lobbying to overturn the ruling.

"It was heartbreaking," Kelly said, recalling the moment she read the letter. "I instantly started to cry."

Oviedo police Chief Dennis Peterson said police and firefighters are a special breed trained to do a job, and they cannot simply turn their backs on people in need.

"It's in here with people like that," Peterson said, pointing to his heart. "We have to do what we're trained to do. God won't let us walk away."

Bobby Beagles, Rachel Kelly's father, said his son-in-law gave his life doing what he was trained to do.

"I expect his name should be put on that wall with the rest of those great firefighters," he said.

At the time of his death, Shane Kelly had worked for the Oviedo Fire Department for 3 1/2 years and was preparing for officer classes to train him to become a lieutenant. His wife of six years, who was with him when he was killed, had just graduated from college.

"They were one step away from having their cup of tea," Beagles said. "Stopping to assist ruined everything, but that was what he was trained to do."

The head of the city's fire union said U.S. Reps. John Mica, R-Winter Park, and Ric Keller, R-Orlando, have been recruited to help.

Mica said he spoke with Justice officials Wednesday and requested that the appeal be granted. He said the department may not have been aware of a new state law that extends workers' compensation and insurance benefits to police and firefighters who stop to render aid, even if they are off duty, he said.

Justice Department officials could not be reached for comment.

Kelly's widow did receive workers' compensation and insurance benefits from the state.

NAME MAY GET ON MEMORIAL

The federal benefit would assure that Kelly's name would be included on the memorial.

But Mary Ellis, managing director of the National Fallen Firefighters Foundation, said she would not rule out his name being included through other criteria.

"Every firefighter's death touches our hearts," she said. "Even if they don't receive the benefit, it does not diminish their sacrifice."